JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite party No.1 to pay Rs.11 lakhs (Rupees eleven lakhs) which is the sum insured to the complainant along with 12% interest from the date of credit till the date of payment and opposite parties may be directed to pay Rs.1,00,000/- jointly and severally towards the mental agony and harassment and Rs.20,000/- towards litigation fees”.

            The brief fact of the case is that the complainant is a poor person and maintains his livelyhood by establishing a tent house in the name and style of Lipi Tent House availing loan from Allahabad bank, branch at Jagatsinghpur to the tune of Rs.8,00,000/- and the said unit was insured under the opposite party No.1 vide insurance policy No.2913/59880694/00/000 vide Burglary Policy Scheme cum Tax Invoice on 30.5.2019 valid up to 23.02.2020 and policy No.2114/59880693/00/000 Standard Fire and Special Perils Policy Schedule cum Tax invoice on 30.5.2019 which was valid up to 23.5.2020 and the complainant paid the premium of both the polices of Rs.21,041/- and Rs.3,155/- respectively.  The insurance policies were valid up to 30.5.2020 and the unit of the complainant was completely burnt due to electric short circuit on 02.3.2020 and after smash of the unit by electric short circuit, the complainant immediately informed the said matter to the Fire Officer, Jagatsinghpur and accordingly the Asst. Fire Officer issued a certificate on 10.3.2020. Thereafter the complainant claimed the insurance amount through his valid policies before the opposite party No.1 and the opposite party No.1 through Esen Insurance Surveyors and Loss Assessors (P) Ltd., sent one surveyor who was deputed and without proper assessment a mail was received by the complainant on 07.3.2020 the liability has been fixed to Rs.92,663/-. But the unit was completely burnt and the damage was caused for the said unit is Rs.7,00,000/-. The opposite party No.1 has not taken any steps for realization of demanded amount as per the stock statement valuation of Rs.14,41,500/-.

            The opposite parties No.1 & 3 filed their written version stating as under;

            The claim of the complainant having been settled on the basis of the report of the duly license surveyor and the settled amount of Rs.92,663/- having already been received towards the full and final satisfaction of his claim as such as per the settled principle of law he is estopped from raising the further claim in the matter. The opposite party admits to have issued standard fire and special peril policy in favour of the complainant which was valid from 24.5.2019 to 23.5.2020 subject to certain terms and conditions of the insurance policy. During the currency of the insurance policy the complainant lodged the claim on 02.3.2020 with the opposite parties alleging therein that on 1/2.03.2020 in the midnight there was a fire in his tent house and he had suffered loss. Accordingly the opposite parties had deputed the duly license surveyor and loss assessor on 05.3.2020 for survey and assessment of loss. The surveyor visited the insured premises on 06.3.2020 conducted physical inspection taken the photograph in presence of the complainant and obtained the duly filled in claim form the complainant and submitted his report on 01.6.2020 with net assessment of loss as Rs.92,663/-. The fact of settlement of his claim was communicated to him on 07.3.2020 through mail and thereafter the settled amount was paid to the complainant.

            The opposite parties No.1 & 3 in their written version have stated that the complainant claim ahs settled at Rs.92,663/- and was paid to complainant. In para 10 the opposite parties have stated as “After receipt of mail about settlement of his claim for Rs.92,663/- the complainant remains silent and did not raised any dispute but after release of the settled amount by the answering opposite parties on the complainant sent letter dtd.23.6.2020 disputing the settlement on his claim at Rs.92,663/-.” On the other hand complainant submitted that he has not received the amount. As such he is not satisfied with the claim amount. The complainant is a small business man carrying on tent house business and by availing loan of Rs.8,00,000/- from the Allahabad Bank. The loss of stock statement was Rs.14,41,500/- for the month of Feb.2020. The claim of the complainant is that the properties of amount is Rs.11,16,500/- have been damaged and the assessment amount basing on the insured amount of Rs.9,00,000/- is very meager. As such the complainant has refused to receive the amount. There is no dispute with regard to occurrence of fair, loss sustained by the complainant on the dispute relates to the amount of settlement.

            Considering the grievance and the huge loss sustain by the complainant, we remand the matter to the opposite party No.1 & 3 to reassesses the loss and enhance some amount, so that the poor person can get some reliefs which is pending with the higher authorities.

            Accordingly the consumer complaint is hereby disposed of and no cost.